ROME CONVENTION, 1961
INTERNATIONAL CONVENTION FOR THE PROTECTION OF PERFORMERS,
PRODUCERS OF PHONOGRAMS AND BROADCASTING ORGANISATIONS
DONE
AT ROME ON OCTOBER 26, 1961
TABLE
OF CONTENTS
Article 1: Safeguard of
Copyright Proper
Article 2: Protection given by
the Convention. Definition of National Treatment
Article 3: Definitions: (a)
Performers; (b) Phonogram; (c) Producers of Phonograms; (d) Publication; (e)
Reproduction; (f) Broadcasting; (g) Rebroadcasting
Article 4: Performances
Protected. Points of Attachment for Performers
Article 5: Protected Phonograms:
1. Points of Attachment for Producers of Phonograms; 2. Simultaneous
Publication; 3. Power to exclude certain Criteria
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Article 7: Minimum Protection
for Performers: 1. Particular Rights; 2. Relations between Performers and
Broadcasting Organizations
Article 8: Performers acting
jointly
Article 9: Variety and Circus Artists
Article 10: Right of
Reproduction for Phonogram Producers
Article 11: Formalities for
Phonograms
Article 12: Secondary Uses of
Phonograms
Article 13: Minimum Rights for
Broadcasting Organizations
Article 14: Minimum Duration of
Protection
Article 15: Permitted
Exceptions: 1. Specific Limitations; 2. Equivalents with copyright
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Article 17: Certain countries
applying only the "fixation" criterion
Article 18: Withdrawal of
reservations
Article 19: Performers' Rights
in Films
Article 20: Non–retroactivity
Article 21: Protection by other
means
Article 22: Special agreements
Article 23: Signature and
deposit
Article 24: Becoming Party to
the Convention
Article 25: Entry into force
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Article 27: Applicability of the
Convention to Certain Territories
Article 28: Denunciation of the
Convention
Article 29: Revision of the
Convention
Article 30: Settlement of
disputes
Article 31: Limits on Reservations
Article 32: Intergovernmental
Committee
Article 33: Languages
Article 34: Notifications
The Contracting States, moved by
the desire to protect the rights of performers, producers of phonograms, and
broadcasting organisations,
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Article 1
[Safeguard
of Copyright Proper]
Protection granted under this
Convention shall leave intact and shall in no way affect the protection of
copyright in literary and artistic works. Consequently, no provision of this
Convention may be interpreted as prejudicing such protection.
Article 2
[Protection
given by the Convention. Definition of National Treatment]
1. For the purposes of this
Convention, national treatment shall mean the treatment accorded by the
domestic law of the Contracting State in which protection is claimed:
(a) to performers who are its
nationals, as regards performances taking place, broadcast, or first fixed, on
its territory;
(b) to producers of phonograms
who are its nationals, as regards phonograms first fixed or first published on
its territory;
(c) to broadcasting
organisations which have their headquarters on its territory, as regards
broadcasts transmitted from transmitters situated on its territory.
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Article 3
[Definitions:
(a) Performers; (b) Phonogram; (c) Producers of Phonograms; (d) Publication;
(e) Reproduction; (f) Broadcasting; (g) Rebroadcasting]
For the purposes of this
Convention:
(a) "performers" means
actors, singers, musicians, dancers, and other persons who act, sing, deliver,
declaim, play in, or otherwise perform literary or artistic works;
(b) "phonogram" means
any exclusively aural fixation of sounds of a performance or of other sounds;
(c) "producer of
phonograms" means the person who, or the legal entity which, first fixes
the sounds of a performance or other sounds;
(d) "publication"
means the offering of copies of a phonogram to the public in reasonable quantity;
(e) "reproduction"
means the making of a copy or copies of a fixation;
(f) "broadcasting"
means the transmission by wireless means for public reception of sounds or of
images and sounds;
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Article 4
[Performances
Protected. Points of Attachment for Performers]
Each Contracting State shall
grant national treatment to performers if any of the following conditions is
met:
(a) the performance takes place
in another Contracting State;
(b) the performance is
incorporated in a phonogram which is protected under Article 5 of this
Convention;
(c) the performance, not being
fixed on a phonogram, is carried by a broadcast which is protected by Article 6
of this Convention.
Article 5
[Protected
Phonograms: 1. Points of Attachment for Producers of Phonograms; 2.
Simultaneous Publication; 3. Power to exclude certain Criteria]
1. Each Contracting State shall
grant national treatment to producers of phonograms if any of the following
conditions is met:
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(b) the first fixation of the
sound was made in another Contracting State (criterion of fixation);
(c) the phonogram was first
published in another Contracting State (criterion of publication).
2. If a phonogram was first
published in a non–contracting State but if it was also published, within
thirty days of its first publication, in a Contracting State (simultaneous
publication), it shall be considered as first published in the Contracting
State.
3. By means of a notification
deposited with the Secretary–General of the United Nations, any Contracting
State may declare that it will not apply the criterion of publication or,
alternatively, the criterion of fixation. Such notification may be deposited at
the time of ratification, acceptance or accession, or at any time thereafter;
in the last case, it shall become effective six months after it has been
deposited.
Article 6
[Protected
Broadcasts: 1. Points of Attachment for Broadcasting Organizations; 2. Power to
Reserve]
1. Each Contracting State shall
grant national treatment to broadcasting organisations if either of the
following conditions is met:
(a) the headquarters of the
broadcasting organisation is situated in another Contracting State;
(b) the broadcast was
transmitted from a transmitter situated in another Contracting State.
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Article 7
[Minimum
Protection for Performers: 1. Particular Rights; 2. Relations between
Performers and Broadcasting Organizations]
1. The protection provided for
performers by this Convention shall include the possibility of preventing:
(a) the broadcasting and the
communication to the public, without their consent, of their performance,
except where the performance used in the broadcasting or the public
communication is itself already a broadcast performance or is made from a fixation;
(b) the fixation, without their
consent, of their unfixed performance;
(c) the reproduction, without
their consent, of a fixation of their performance:
(i) if the original
fixation itself was made without their consent;
(ii) if the reproduction
is made for purposes different from those for which the performers gave their
consent;
(iii) if the original
fixation was made in accordance with the provisions of Article 15, and the
reproduction is made for purposes different from those referred to in those
provisions.
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(1) If broadcasting was
consented to by the performers, it shall be a matter for the domestic law of
the Contracting State where protection is claimed to regulate the protection
against rebroadcasting, fixation for broadcasting purposes and the reproduction
of such fixation for broadcasting purposes.
(2) The terms and conditions
governing the use by broadcasting organisations of fixations made for
broadcasting purposes shall be determined in accordance with the domestic law
of the Contracting State where protection is claimed.
(3) However, the domestic law
referred to in sub–paragraphs (1) and (2) of this paragraph shall not operate
to deprive performers of the ability to control, by contract, their relations
with broadcasting organisations.
Article 8
[Performers
acting jointly]
Any Contracting State may, by
its domestic laws and regulations, specify the manner in which performers will
be represented in connection with the exercise of their rights if several of
them participate in the same performance.
Article 9
[Variety
and Circus Artists]
Any Contracting State may, by
its domestic laws and regulations, extend the protection provided for in this
Convention to artists who do not perform literary or artistic works.
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[Right of
Reproduction for Phonogram Producers]
Producers of phonograms shall
enjoy the right to authorize or prohibit the direct or indirect reproduction of
their phonograms.
Article 11
[Formalities
for Phonograms]
If, as a condition of protecting
the rights of producers of phonograms, or of performers, or both, in relation
to phonograms, a Contracting State, under its domestic law, requires compliance
with formalities, these shall be considered as fulfilled if all the copies in
commerce of the published phonogram or their containers bear a notice
consisting of the symbol (P), accompanied by the year date of the first
publication, placed in such a manner as to give reasonable notice of claim of
protection; and if the copies or their containers do not identify the producer
or the licensee of the producer (by carrying his name, trade mark or other
appropriate designation), the notice shall also include the name of the owner
of the rights of the producer; and, furthermore, if the copies or their
containers do not identify the principal performers, the notice shall also
include the name of the person who, in the country in which the fixation was
effected, owns the rights of such performers.
Article 12
[Secondary
Uses of Phonograms]
If a phonogram published for
commercial purposes, or a reproduction of such phonogram, is used directly for
broadcasting or for any communication to the public, a single equitable
remuneration shall be paid by the user to the performers, or to the producers
of the phonograms, or to both. Domestic law may, in the absence of agreement
between these parties, lay down the conditions as to the sharing of this
remuneration.
Article 13
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Broadcasting organisations shall
enjoy the right to authorize or prohibit:
(a) the rebroadcasting of their
broadcasts;
(b) the fixation of their
broadcasts;
(c) the reproduction:
(i) of fixations, made
without their consent, of their broadcasts;
(ii) of fixations, made in
accordance with the provisions of Article 15, of their broadcasts, if the
reproduction is made for purposes different from those referred to in those
provisions;
(d) the communication to the
public of their television broadcasts if such communication is made in places accessible
to the public against payment of an entrance fee; it shall be a matter for the
domestic law of the State where protection of this right is claimed to
determine the conditions under which it may be exercised.
Article 14
[Minimum
Duration of Protection]
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(a) the fixation was made–for
phonograms and for performances incorporated therein;
(b) the performance took
place–for performances not incorporated in phonograms;
(c) the broadcast took place–for
broadcasts.
Article 15
[Permitted
Exceptions: 1. Specific Limitations; 2. Equivalents with copyright]
1. Any Contracting State may, in
its domestic laws and regulations, provide for exceptions to the protection
guaranteed by this Convention as regards:
(a) private use;
(b) use of short excerpts in
connection with the reporting of current events;
(c) ephemeral fixation by a
broadcasting organisation by means of its own facilities and for its own
broadcasts;
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2. Irrespective of paragraph 1
of this Article, any Contracting State may, in its domestic laws and
regulations, provide for the same kinds of limitations with regard to the
protection of performers, producers of phonograms and broadcasting
organisations, as it provides for, in its domestic laws and regulations, in
connection with the protection of copyright in literary and artistic works.
However, compulsory licences may be provided for only to the extent to which
they are compatible with this Convention.
Article 16
[Reservations]
1. Any State, upon becoming
party to this Convention, shall be bound by all the obligations and shall enjoy
all the benefits thereof. However, a State may at any time, in a notification
deposited with the Secretary–General of the United Nations, declare that:
(a) as regards Article 12:
(i) it will not apply the
provisions of that Article;
(ii) it will not apply the
provisions of that Article in respect of certain uses;
(iii) as regards
phonograms the producer of which is not a national of another Contracting
State, it will not apply that Article;
(iv) as regards phonograms
the producer of which is a national of another Contracting State, it will limit
the protection provided for by that Article to the extent to which, and to the
term for which, the latter State grants protection to phonograms first fixed by
a national of the State making the declaration; however, the fact that the
Contracting State of which the producer is a national does not grant the
protection to the same beneficiary or beneficiaries as the State making the
declaration shall not be considered as a difference in the extent of the protection;
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2. If the notification referred
to in paragraph 1 of this Article is made after the date of the deposit of the
instrument of ratification, acceptance or accession, the declaration will
become effective six months after it has been deposited.
Article 17
[Certain
countries applying only the "fixation" criterion]
Any State which, on
October 26, 1961, grants protection to producers of phonograms solely
on the basis of the criterion of fixation may, by a notification deposited with
the Secretary–General of the United Nations at the time of ratification,
acceptance or accession, declare that it will apply, for the purposes of
Article 5, the criterion of fixation alone and, for the purposes of paragraph
1(a)(iii) and (iv) of Article 16, the criterion of fixation instead of the
criterion of nationality.
Article 18
[Withdrawal
of reservations]
Any State which has deposited a
notification under paragraph 3 of Article 5, paragraph 2 of Article 6, paragraph
1 of Article 16 or Article 17, may, by a further notification deposited with
the Secretary–General of the United Nations, reduce its scope or withdraw it.
Article 19
[Performers'
Rights in Films]
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Article 20
[Non-
retroactivity]
1. This Convention shall not
prejudice rights acquired in any Contracting State before the date of coming
into force of this Convention for that State.
2. No Contracting State shall be
bound to apply the provisions of this Convention to performances or broadcasts
which took place, or to phonograms which were fixed, before the date of coming
into force of this Convention for that State.
Article 21
[Protection
by other means]
The protection provided for in
this Convention shall not prejudice any protection otherwise secured to
performers, producers of phonograms and broadcasting organisations.
Article 22
[Special
agreements]
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Article 23
[Signature
and deposit]
This Convention shall be
deposited with the Secretary–General of the United Nations. It shall be open
until June 30, 1962, for signature by any State invited to the
Diplomatic Conference on the International Protection of Performers, Producers
of Phonograms and Broadcasting Organisations which is a party to the Universal
Copyright Convention or a member of the International Union for the Protection
of Literary and Artistic Works.
Article 24
[Becoming
Party to the Convention]
1. This Convention shall be
subject to ratification or acceptance by the signatory States.
2. This Convention shall be open
for accession by any State invited to the Conference referred to in Article 23,
and by any State Member of the United Nations, provided that in either case
such State is a party to the Universal Copyright Convention or a member of the
International Union for the Protection of Literary and Artistic Works.
3. Ratification, acceptance or
accession shall be effected by the deposit of an instrument to that effect with
the Secretary–General of the United Nations.
Article 25
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1. This Convention shall come
into force three months after the date of deposit of the sixth instrument of
ratification, acceptance or accession.
2. Subsequently, this Convention
shall come into force in respect of each State three months after the date of
deposit of its instrument of ratification, acceptance or accession.
Article 26
[Implementation
of the Convention by the Provision of Domestic Law]
1. Each Contracting State
undertakes to adopt, in accordance with its Constitution, the measures
necessary to ensure the application of this Convention.
2. At the time of deposit of its
instrument of ratification, acceptance or accession, each State must be in a
position under its domestic law to give effect to the terms of this Convention.
Article 27
[Applicability
of the Convention to Certain Territories]
1. Any State may, at the time of
ratification, acceptance or accession, or at any time thereafter, declare by
notification addressed to the Secretary–General of the United Nations that this
Convention shall extend to all or any of the territories for whose
international relations it is responsible, provided that the Universal
Copyright Convention or the International Convention for the Protection of
Literary and Artistic Works applies to the territory or territories concerned.
This notification shall take effect three months after the date of its receipt.
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Article 28
[Denunciation
of the Convention]
1. Any Contracting State may
denounce this Convention, on its own behalf or on behalf of all or any of the
territories referred to in Article 27.
2. The denunciation shall be
effected by a notification addressed to the Secretary–General of the United
Nations and shall take effect twelve months after the date of receipt of the
notification.
3. The right of denunciation
shall not be exercised by a Contracting State before the expiry of a period of
five years from the date on which the Convention came into force with respect
to that State.
4. A Contracting State shall
cease to be a party to this Convention from that time when it is neither a
party to the Universal Copyright Convention nor a member of the International
Union for the Protection of Literary and Artistic Works.
5. This Convention shall cease
to apply to any territory referred to in Article 27 from that time when neither
the Universal Copyright Convention nor the International Convention for the
Protection of Literary and Artistic Works applies to that territory.
Article 29
[Revision
of the Convention]
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2. The adoption of any revision
of this Convention shall require an affirmative vote by two–thirds of the
States attending the revision conference, provided that this majority includes
two–thirds of the States which, at the time of the revision conference, are
parties to the Convention.
3. In the event of adoption of a
Convention revising this Convention in whole or in part, and unless the
revising Convention provides otherwise:
(a) this Convention shall cease
to be open to ratification, acceptance or accession as from the date of entry
into force of the revising Convention;
(b) this Convention shall remain
in force as regards relations between or with Contracting States which have not
become parties to the revising Convention.
Article 30
[Settlement
of disputes]
Any dispute which may arise
between two or more Contracting States concerning the interpretation or
application of this Convention and which is not settled by negotiation shall,
at the request of any one of the parties to the dispute, be referred to the
International Court of Justice for decision, unless they agree to another mode
of settlement.
Article 31
[Limits
on Reservations]
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Article 32
[Intergovernmental
Committee]
1. An Intergovernmental
Committee is hereby established with the following duties:
(a) to study questions
concerning the application and operation of this Convention; and
(b) to collect proposals and to
prepare documentation for possible revision of this Convention.
2. The Committee shall consist
of representatives of the Contracting States, chosen with due regard to
equitable geographical distribution. The number of members shall be six if
there are twelve Contracting States or less, nine if there are thirteen to
eighteen Contracting States and twelve if there are more than eighteen Contracting
States.
3. The Committee shall be
constituted twelve months after the Convention comes into force by an election
organized among the Contracting States, each of which shall have one vote, by
the Director–General of the International Labor Office, the Director–General of
the United Nations Educational, Scientific and Cultural Organization and the
Director of the Bureau of the International Union for the Protection of
Literary and Artistic Works, in accordance with rules previously approved by a
majority of all Contracting States.
4. The Committee shall elect its
Chairman and officers. It shall establish its own rules of procedure. These
rules shall in particular provide for the future operation of the Committee and
for a method of selecting its members for the future in such a way as to ensure
rotation among the various Contracting States.
5. Officials of the
International Labor Office, the United Nations Educational, Scientific and
Cultural Organization and the Bureau of the International Union for the
Protection of Literary and Artistic Works, designated by the Directors–General
and the Director thereof, shall constitute the Secretariat of the Committee.
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7. Expenses of members of the
Committee shall be borne by their respective Governments.
Article 33
[Languages]
1. The present Convention is
drawn up in English, French and Spanish, the three texts being equally
authentic.
2. In addition, official texts
of the present Convention shall be drawn up in German, Italian and Portuguese.
Article 34
[Notifications]
1. The Secretary–General of the
United Nations shall notify the States invited to the Conference referred to in
Article 23 and every State Member of the United Nations, as well as the
Director–General of the International Labor Office, the Director–General of the
United Nations Educational, Scientific and Cultural Organization and the
Director of the Bureau of the International Union for the Protection of Literary
and Artistic Works:
(a) of the deposit of each
instrument of ratification, acceptance or accession;
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(c) of all notifications,
declarations or communications provided for in this Convention;
(d) if any of the situations
referred to in paragraphs 4 and 5 of Article 28 arise.
2. The Secretary–General of the
United Nations shall also notify the Director–General of the International
Labor Office, the Director–General of the United Nations Educational,
Scientific and Cultural Organization and the Director of the Bureau of the
International Union for the Protection of Literary and Artistic Works of the
requests communicated to him in accordance with Article 29, as well as of any
communication received from the Contracting States concerning the revision of
the Convention.
IN FAITH WHEREOF, the
undersigned, being duly authorised thereto, have signed this Convention.
DONE at Rome, this twenty–sixth
day of October 1961, in a single copy in the English, French and Spanish
languages. Certified true copies shall be delivered by the Secretary–General of
the United Nations to all the States invited to the Conference referred to in
Article 23 and to every State Member of the United Nations, as well as to the
Director–General of the International Labor Office, the Director–General of the
United Nations Educational, Scientific and Cultural Organization and the
Director of the Bureau of the International Union for the Protection of
Literary and Artistic Works.